Md. Samid Ansari vs State Of Bihar And Anr

Heard learned counsel for the parties.

This revision petition has been filed by the husband-petitioner against the judgment and order dated 06.03.2018 passed by Principal Judge, Family Court, Araria, in Maintenance Case No. 15 of 2017, by which petitioner was directed to pay maintenance allowance of Rs. 3000/- to the wife on 10th day of every succeeding month.

Marriage of the petitioner was solemnized with Opposite Party No. 2 according to muslim rites and customs and thereafter she went to her matrimonial home. It is alleged that petitioner-husband ousted opposite party no. 2 from her matrimonial home on 10.03.2004 and thereafter she has filed a case for grant of maintenance as she has no source of income and is leading a very miserable life whereas husband-petitioner has cultivable land as well as he is earning Rs. 30,000/- per month by running a tailoring shop. Status of parties are admitted and petitioner-husband has admitted that they were residing together for last 25 years and living separately from 2004, as she was unable to procreate a child petitioner-husband solemnized second marriage with Samsun Khatoon.

Appreciating materials available on record and evidence led by both the parties, the Family Court has directed petitioner to pay maintenance of Rs. 3,000/- per month to the wife-opposite party no. 2 from the date of judgment.

After hearing the parties and considering the materials available on record and perusing the judgment passed by the Family Court, this court does not find illegality or irregularity in the judgment passed by the Principal Judge, Family Court, as such this Court is not inclined to interfere in the order passed by the Principal Judge, Family Court.

The criminal revision petition is dismissed.